DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MORT & CO LOT FEEDERS PTY LTD
(AG2015/917)

MORT & CO LOT FEEDERS GRASSDALE & PINEGROVE FEEDLOTS P/L AUSTRALIAN ENTERPRISE AGREEMENT 2015

Agricultural industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 28 APRIL 2015

Application for approval of the Mort & Co Lot Feeders (Grassdale & Pinegrove Feedlots) P/L Australian Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mort & Co Lot Feeders (Grassdale & Pinegrove Feedlots) P/L Australian Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate from 5 May 2015. The nominal expiry date of the Agreement is 30 June 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Mort & Co Lot Feeders (Grassdale & Pinegrove Feedlots) P/L, sought the Fair Work Commission's approval for the Australian Enterprise Agreement 2015. This agreement was intended to govern the terms and conditions of employment for their workers. The dispute arose from disagreements between the employer and the employees' representatives regarding the terms of the agreement. The matter was brought before the Fair Work Commission.

The central legal issues before the Commission involved whether the proposed enterprise agreement complied with the necessary provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements for "enterprise agreements" as defined by the Act, including the procedural fairness in how the agreement was reached and whether it provided for the proper minimum terms as outlined in the legislation. The Commission also needed to ensure that the agreement was not contrary to public policy.

In reaching its decision, the Fair Work Commission examined the evidence provided by both parties and the procedural fairness of the bargaining process. The Commission found that the agreement was made in good faith and that it contained all the necessary provisions as required by the Fair Work Act 2009. The Commission also concluded that the agreement was not contrary to public policy and that it provided for the proper minimum terms for the employees. Therefore, the Commission approved the Mort & Co Lot Feeders (Grassdale & Pinegrove Feedlots) P/L Australian Enterprise Agreement 2015.

MORT & CO LOT FEEDERS PTY LTD

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established